Friday, June 17, 2011

Opposition to equal rights for gays and lesbians has been a central theme of Christian Right organizing and fundraising for the past three decades – a period that parallels the fundamentalist movement's rise to political power.

For Christian Right leaders, the gay rights movement and its so-called "homosexual agenda" are the prime culprits in the destruction of American society and culture. In the words of Focus on the Family founder James Dobson, the battle against gay rights is essentially a "second civil war" to put control of the U.S. government in the right hands, meaning those who reject gay rights.

The religious right in America has employed a variety of strategies in its efforts to beat back the increasingly confident gay rights movement. One of those has been defamation. Many of its leaders have engaged in the crudest type of name-calling, describing LGBT people as "perverts" with "filthy habits" who seek to snatch the children of straight parents and "convert" them to gay sex. They have disseminated disparaging "facts" about gays that are simply untrue — assertions that are remarkably reminiscent of the way white intellectuals and scientists once wrote about the "bestial" black man and his supposedly threatening sexuality.

Tuesday, June 14, 2011

Here from the actual text of the decision we find some points that clarify what is at hand:

Plaintiffs in this case are same-sex couples who claim that a California constitutional provision that redefined marriage in California solely to encompass a union between one man and one woman violated their rights under the federal Constitution.

Judge Walker entered judgment for Plaintiffs and enjoined enforcement of the state constitution against them.

Defendant-Intervenors brought this Motion before the District Court to vacate the Judgment on the ground that Judge Walker was disqualified from presiding over the case because his same-sex relationship was, or reasonably appeared to be, a nonpecuniary interest that could be substantially affected by the outcome of the case.

After considering the Oppositions to the Motion and the governing law, as discussed below, the Court finds that neither recusal nor disqualification was required based on the asserted grounds. The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification under Section 455(b)(4). Further, under Section 455(a), it is not reasonable to presume that a judge is incapable of making an impartial decision about the constitutionality of a law, solely because, as a citizen, the judge could be affected by the proceedings. Accordingly, the Motion to Vacate Judgment on the sole ground of Judge Walker’s same-sex relationship is DENIED.

You can click on the Title above for the link to the full 21 page opinion.

Brian Brown of National Organization for Marriage has sent out an email alert to his minions asking them to call specific legislators, even giving them the phone numbers for ease of reference. We who support marriage equality should be rallying to do the same, so let me share those numbers here and ask anyone reading this to send this information to all on their contact list:

Recommended Reading

Veteran Ben LaGuer

Let me finally return to Dwight Macdonald and the responsibility of intellectuals. Macdonald quotes an interview with a death-camp paymaster who burst into tears when told that the Russians would hang him. "Why should they? What have I done?" he asked. Macdonald concludes: "Only those who are willing to resist authority themselves when it conflicts too intolerably with their personal moral code, only they have the right to condemn the death-camp paymaster." The question, "What have I done?" is one that we may well ask ourselves, as we read each day of fresh atrocities in Vietnam—as we create, or mouth, or tolerate the deceptions that will be used to justify the next defense of freedom.

– Chomsky, The Responsibility of Intellectuals 1967

Words to Remember:

"Juris praecepta sunt haec: honeste vivere; alterum non laedere; suum cuique tribuere"(These are the precepts of the law: To live honorably; to hurt nobody; to render to every one his due.)

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -Section 1 of the 14th amendment to the US Constitution

Never Forgotten; Sadly Missed

Lawrence King

GLBT Legends

Paul McMahon and Ralph Hodgdon in 2007

"If you want to be important -- wonderful. If you want to be recognized -- wonderful. If you want to be great -- wonderful. But, recognize that he who is greatest among you shall be your servant. That's a new definition of greatness." -Rev. Dr. Martin Luther King Jr.

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